Drinking and driving: should it be illegal?

Drinking and driving: should it be illegal?


  • Total voters
    75
If you stay under the threshold (.05 now in Ontario) I don't see the problem from a theoretical standpoint. In practice, it's an unnecessary risk.

CRAP! .05? Whats that? a beer?
 
If the key is in the ignition, its a DUI.

I realize this is the law, and it may just be me but it seems that in order to get a DUI, by strict use of the first letter of the acronym, one should have to be actually driving, not simply have the keys in the ignition.
 
The laws are designed to decrease drunk driving, which I suspect they do. Given that, they are justified.

I do agree that sometimes the implementation can be overly limiting. Like having open containers it one's trunk: What's wrong with that?
 
I realize this is the law, and it may just be me but it seems that in order to get a DUI, by strict use of the first letter of the acronym, one should have to be actually driving, not simply have the keys in the ignition.

Having the keys in the ignition is by legal defintion 'operation of the vehicle'...thats why its possible DUI.
 
Having the keys in the ignition is by legal defintion 'operation of the vehicle'...thats why its possible DUI.

Ok, makes sense.
 
Well, from my understanding of it you can do that (although it varies state by state). The only restriction on the open container is that it not be where the driver could be drinking out of it (i.e. arms reach). An open container, say in a cooler in the trunk of a car should be ok to transport said open container.



If the key is in the ignition, its a DUI.



Lets not be silly.



I would say citation needed on the rental thing.



Why do you assume he is being accurate in this description?

Like some references to examples because it seems you're missing something.


This is to both of you:

I was arrested for DUI slightly after midnight on new years day.

Part of my sentencing was going to a lot of DUI classes.

The teacher gave me (and everyone else) his number and said to call him if there are any questions. I'll give it to you if you are interested.

Keys in the ignition has nothing to do with it, if you are in the car with the keys on you - DUI.

It doesn't matter if it is in the trunk and at the bottom of a cooler, if the cop doesn't like you, even if you are 100% sober - DUI.

Cop comes to your rented house and you answer the door while your car is out front? - DUI

I'll seriously pm you the guys number if you don't believe me.

Let me know if you want it.
 
This is to both of you:

I was arrested for DUI slightly after midnight on new years day.

Part of my sentencing was going to a lot of DUI classes.

The teacher gave me (and everyone else) his number and said to call him if there are any questions. I'll give it to you if you are interested.

Keys in the ignition has nothing to do with it, if you are in the car with the keys on you - DUI.

It doesn't matter if it is in the trunk and at the bottom of a cooler, if the cop doesn't like you, even if you are 100% sober - DUI.

Cop comes to your rented house and you answer the door while your car is out front? - DUI

I'll seriously pm you the guys number if you don't believe me.

Let me know if you want it.

Like I said, I would prefer a link with a citation to back up your claim. I dont care about the number. Maybe you should call it to verify if the information this guy put out is actually accurate in of itself. Maybe ask him for the exact reference that allows this under the state criminal code.

And no, if you are not drunk but have an open container it woudlnt be DUI, but would be an open container violation. They are not the same thing.

The keys thing is probably mox nix, and dependant upon state law. The only thing I find unbelievable is the rented house thing. I would like to see some proof of that aside from 'I heard it in a class, yo'.
 
CRAP! .05? Whats that? a beer?

Between 2-3 drinks assuming I let my liver work on some of it for ~hour.

.05+ is a 3 days suspension of licence for first offense, 7 days for second. No lockup but you have to call a cab or something. It's like a DUI-lite

.08 is a full DUI.

It's a silly law.
 
Like most things, I would prefer more of an anything goes policy in regards to alcohol + cars. Combine this with much harsher penalties for being at least partially responsible for the cause of an accident which includes injuries or death.

Such laws would also reduce drunk driving in the long run, but in a way that treats adults like adults and severely punishes those who make the mistakes.

This matches my world view. Don't tread on me until I have messed up. Drinking in the car is not messing up. Causing an accident is messing up.
 
MB: I called the guy.


He says "If you are in possession of the keys while drunk and the police officer reasons that you can make it to your car on foot before sobering up any where, but your owned home then you are in possession of the vehicle while drunk as such, you can be arrested for DUI"

He later added "If you are in a dive bar that has a lot of fights and the cops come often, give your keys to a friend when they get their and have him give you his. Sometimes they run everyone's plates and check your keys and try to arrest as many people as they can in that bar for being such a hassle. Unless the bar is a hassle they will rarely shake everyone down, it is bad for their image, though legally they have the right. Same with a home if the owner or renter lets them into their home"
 
MB: I called the guy.

He says "If you are in possession of the keys while drunk and the police officer reasons that you can make it to your car on foot before sobering up any where, but your owned home then you are in possession of the vehicle while drunk as such, you can be arrested for DUI"

Would be nice to have the statute he is referring to in order to see if he himself is making a correct assumption.

Btw, your earlier comment is incorrect by this standard, in that possession of your keys means on your person, not necessarily just in your house.

And it takes more than 'possession' of your vehicle to get charged...I am sure he meant 'operation' not 'possession'.

He later added "If you are in a dive bar that has a lot of fights and the cops come often, give your keys to a friend when they get their and have him give you his. Sometimes they run everyone's plates and check your keys and try to arrest as many people as they can in that bar for being such a hassle. Unless the bar is a hassle they will rarely shake everyone down, it is bad for their image, though legally they have the right. Same with a home if the owner or renter lets them into their home"

A dive bar isnt someones home. Also, that makes no sense at all. I could always make the arguement that I could call a cab to take me home if drunk, even with the keys in my pocket.
 
*Would be nice to have the statute he is referring to in order to see if he himself is making a correct assumption.

**Btw, your earlier comment is incorrect by this standard, in that possession of your keys means on your person, not necessarily just in your house.

***And it takes more than 'possession' of your vehicle to get charged...I am sure he meant 'operation' not 'possession'.



A dive bar isnt someones home. Also, that makes no sense at all. ****I could always make the arguement that I could call a cab to take me home if drunk, even with the keys in my pocket.

* It is the regular DUI laws of Nevada, if you are in control of the vehicle. According to judges keys = control.

** It is assumed that you own everything in your house unless you claim it is stolen or belongs to someone else. If the car is registered in your name, as far as the state is concerned it is yours.

*** No he didn't, I asked him a lot of questions in class because I though that the idea of being arrested in your own home is the biggest bull ever. He was very specific.

**** Yeah, you could make the argument, but the fact of the matter is you are legally drunk and you are the sole person in control of whether or not that vehicle is moving or not, at any moment you could drive if you so pleased. - Your goin to jail.
 
P.S.

-
(702) 633-1130 - North Las Vegas Municipal Court House.

Call and ask for the DUI class teacher if you don't believe me.

IIRC it is only open Tuesday - Friday.
 
* It is the regular DUI laws of Nevada, if you are in control of the vehicle. According to judges keys = control.

** It is assumed that you own everything in your house unless you claim it is stolen or belongs to someone else. If the car is registered in your name, as far as the state is concerned it is yours.

*** No he didn't, I asked him a lot of questions in class because I though that the idea of being arrested in your own home is the biggest bull ever. He was very specific.

**** Yeah, you could make the argument, but the fact of the matter is you are legally drunk and you are the sole person in control of whether or not that vehicle is moving or not, at any moment you could drive if you so pleased. - Your goin to jail.

P.S.

-
(702) 633-1130 - North Las Vegas Municipal Court House.

Call and ask for the DUI class teacher if you don't believe me.

IIRC it is only open Tuesday - Friday.

What I want from you is a link that validates your claim. Not the silly number to the court house. If you cant produce such a link then all the rest of your comments are simply heresay.

As for my own offer of proof. Here is a list of the laws covering DUI in Nevada. I dont see anything in here that gives them the authority to do what you allege. http://www.duilaws.com/nevada/nevada-dui-laws/
 
I think Elta backs his claims up well enough. Citing the relevant law or court precedent would be better of course, but a cop's opinion on how he enforces the law is pretty solid.
 
So if you live in Nevada, and have your house keys on the same keyring as your car keys, it's illegal to get drunk?

Until I see some actual proof of that I dont believe it.

I think Elta backs his claims up well enough.

Huh? Your're kidding right?

Citing the relevant law or court precedent would be better of course, but a cop's opinion on how he enforces the law is pretty solid.

What cop? I saw no cop give any opinion. Did you? And if so, where exactly? I saw Elta saying what he thought he heard the cop say. But thats not the same thing as a copy saying it to us now is it?
 
Back
Top Bottom